After two adjournments, the felony case against a Putnam Valley man, who
witnesses said fatally kicked a dog at a Memorial Day barbecue, will finally
be heard in Town Court today.

I supply this information as a small public service because over the last
five months many readers have asked me if there was ever a legal outcome to
the sad story of Roxi — and the answer is no, not yet. In fact, don't be
surprised if the case is adjourned again since today is the Yom Kippur
holiday. Call ahead if you're interested in going to the court, which is
quartered in Town Hall on Oscawana Lake Road. The number is 845-526-3050.

This isn't the trial of the century. But a life is a life, no matter how
small. Roxi wasn't just a dog, but a member of a family. She was loved by
her owners, Bill and Lisa Sampson, and by the neighborhood children who
played with her. According to horrified onlookers, Roxi wandered into the
yard of Frank Aquino, 40, who kicked her like she was a football. She
crawled away and was later found dead under a tree.

Reports of how she died raced across the Internet, inspiring expressions
of rage and sympathy from here to Switzerland. It is foolish to
underestimate the torrent of raw emotion that flows from the death of an
innocent dog, especially a dog like Roxi, who was 15 years old, slow of
foot, hard of hearing and about as threatening as a kitten. Indeed, there
are more than a few observers of this case who wish that Aquino could get
the prosecutorial treatment of a common murderer. He has apparently received
numerous death threats.

My e-mail attests to this level of anger as does the outpouring of
letters and phone calls to town and county officials and to the Sampsons.

"I can't tell you how many people have said to me, 'I don't know how
you've kept your composure. I would've killed him,' " Lisa said. "That's the
sentiment that I'm getting. I hear stories from other people about how their
animals were killed. Sometimes they don't know who did it and sometimes they
do but can't prove it. It's really awful."

Aquino pleaded not guilty to a charge of aggravated animal cruelty, and
if convicted could get up to two years in prison and a $5,000 fine. The
Sampsons feel the punishment should be more severe.

What's more, they are lobbying for the passage of a state law that would
give aggrieved pet owners more power to pursue civil action. They've
established a Web site, www.rememberroxi.com, to encourage citizens to
support the proposed bill that would allow people to sue "for the loss of
companionship, comfort, protection..." but most importantly it recognizes
our animals friends as companions instead of property. (In the Assembly, the
bill is numbered A03585 and in the Senate, S01789.)

Lisa said that under current law, a lawsuit limits the plaintiff from
recovering any more than the combined cost of the medical care, disposal and
value of the lost pet as property.

"Right now, a dog holds no more value than a table lamp," she said. "And
you know that's not the case."

The Web site in Roxi's memory contains a touching set of pictures of the
dog, who was a shepherd mix with soulful eyes. Lisa also included a message
saying how much they miss Roxi.

"Someday, we will get another dog, but he/she can never replace Roxi."

But here's another bit of news. The Sampsons did, in fact, get another
dog. After Hurricane Katrina struck, they felt that one way they could help
out would be to take in a lost or abandoned pet. However, when they
discovered that the animal agencies were mostly seeking temporary care and
not permanent homes, they contacted Labs 4 Rescue and adopted an unclaimed
6-month-old puppy who was in a foster home in Tennessee. They named him
Chance, as in "second chance." He arrived Oct. 1.

When I called earlier this week the Sampsons were playing with him, along
with their nearly 1-year-old son, Dylan.

The dog fits right into the family, Bill Sampson said.

"He's unbelievable," he said. "He came in pretty much housebroken. He
doesn't chew on anything except what's his. He's cute."

Lisa said Chance is supposed to be a mixed Labrador retriever. She
laughed. "There's no Lab in this dog," she exclaimed. "He's really small,
but he's gonna get bigger."

Comparisons to Roxi were inevitable.

"When we first got this dog, I was concerned because he wasn't playing or
anything," Lisa recalled. "I said, 'Gee, Roxi played more at 15 than this
dog.' But he came around."

Fair Use Notice: This document may contain
copyrighted material whose use has not been specifically authorized by the
copyright owners. We believe that this not-for-profit, educational use on
the Web constitutes a fair use of the copyrighted material (as provided for
in section 107 of the US Copyright Law). If you wish to use this copyrighted
material for purposes of your own that go beyond fair use, you must obtain
permission from the copyright owner.